Clerk’s Role in Small Claims Court Actions
We recommend contacting the Hall County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Hall County. We recommend calling the clerk’s office to ensure the courthouse is open. Remember, the court clerk is trained to assist with procedural questions, but is not able to give legal advice.
How are trials conducted?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. This allows the trials to be conducted in a much more informal fashion. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours. Small Claims Court cases for Hall are heard in 2 LOCATIONS throughout Hall County.
Can I file my small claims case in Hall County?
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011).
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Types of Cases
Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.
Small claims cases in Hall County are heard in front of the justice of the peace for Hall County.
Can I hire an attorney?
You are allowed to hire an attorney (Texas Government Code Section 28.003), however, most small claims court parties choose to represent themselves. The reasoning behind this is because the amount is $10,000 or less, hiring an attorney becomes cost prohibitive. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Limit (or Jurisdiction) of Small Claims Court
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Additionally, a small claims court plaintiff can only ask the court for monetary relief. You cannot seek injunctive relief. For example, if you pay a painter $1,000 to paint your house and the painter does not even begin, you cannot ask the court to issue an order for the painter to paint your house. This would be called injunctive relief.
Hall County Court Locations
The precinct map for Hall County can be found here.
Precincts 1, 2 & 3 Courthouse in the City of Memphis
This courthouse is located at:512 W Main St, Ste 3 Memphis, TX 79245-3343
This courthouse handles cases for Precincts 1, 2 & 3. The court’s website can be found here. The phone number for the court is (806)259-3116.
Precinct 4 Place 1 Courthouse in the City of Turkey
This courthouse is located at:P O Box 37 Turkey, TX 79261